-4- On September 25, 2006, the Court called the case from the calendar of cases set to be tried on the regular session of this Court commencing on that date in San Francisco, California. Counsel for respondent and counsel for petitioner made their respective appearances. Upon the completion of the calendar call, the parties were informed that they should be prepared to try this case on September 26, 2006, at 9 a.m. When the scheduled time for trial arrived, neither petitioner nor his counsel was in the courtroom. Respondent was represented by his counsel. The Court postponed the start of trial for 45 minutes in expectation that either petitioner or his counsel would appear. At 9:46 a.m., the Court recalled this case. Respondent’s counsel appeared for respondent. Neither petitioner nor his counsel made an appearance. Respondent moved to dismiss the case for lack of prosecution, stating in part that petitioner had been uncooperative throughout the proceeding and had not stipulated any of the facts of this case. Respondent also informed the Court that respondent believed that he bore a burden as to the issues in this case and introduced the following five exhibits into evidence: (1) Exhibit 1-R: a document described as the payroll summaries of Efeckta for the semimonthly pay periods in 2002 from January 1 through July 15 and other payroll related records for 2002 through August 30;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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